PEOPLE v. QUINONES


190 Misc.2d 648 (2002)

739 N.Y.S.2d 889

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CARLOS A. QUINONES, Defendant.

Criminal Court, Kings County.

February 13, 2002.


Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Lisa Smith of counsel), for plaintiff.

Stuart E. Meltzer, Brooklyn, for defendant.


OPINION OF THE COURT

ARTHUR M. SCHACK, J.

The key issue before the court is whether the failure to state the name of a complaining witness in a misdemeanor information is defective: as a Sixth Amendment violation of the right to confront one's accusers; and a failure of the prima facie case requirements of CPL 100.15 and 100.40.

In the instant case the defendant was arraigned on a misdemeanor complaint, based upon two alleged occurrences, on July...

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